The framework of maqāṣid al-sharī’ah and its impact on waqf law and economy

Owais, Mohd and Elshobake, Mohammed R M (2024) The framework of maqāṣid al-sharī’ah and its impact on waqf law and economy. In: Harmonisation of Shari‘ah and Civil Law: Progress and Achievements. Centre for Islamisation (CENTRIS), International Islamic University Malaysia (IIUM), pp. 17-43.

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Abstract

In Islamic law, the endowment (waqf) is a significant institution devoted to allocating property for charitable purposes, funding social and religious initiatives like education, healthcare, and poverty alleviation. This study delves into the importance of Maqasid al-Shari’ah within the waqf system and the economy. Maqasid al-Shari’ah, a foundational concept in Islamic jurisprudence, embodies the objectives of Islamic law, guiding its underlying principles and values across various domains, including economics, finance, and governance. According to the findings, waqf serves as a potent tool for fulfilling Maqasid al-Shari’ah, particularly in social welfare and economic development. This paper offers original insights into the developmental potential of waqf, contributing to the existing literature. Grounded in desk-based research, it adopts a doctrinal research paradigm to describe and analyse the relevant Islamic and legal rules from the primary and secondary sources. The exploration of Maqasid al-Shari’ah's influence on the waqf system, and the economy illuminates how it can advance individual and societal welfare. This paper enriches understanding the concept of Maqasid al-Shari’ah, its impact on the waqf system, and its potential for enhancing both individual and societal welfare.

Item Type:	Book Chapter
Uncontrolled Keywords:	Framework, waqf, Maqasid al-Shari’ah, Islamic law, economy
Subjects:	BPH Islamic Economics BPH Islamic Economics > BPH741 Waqf BPK Islamic law. Shari'ah. Fiqh BPK Islamic law. Shari'ah. Fiqh > BPK36 Islamic law (General) > BPK78 Usul al-fiqh > BPK109 Sources of Islamic law > BPK121 Ijtihad > BPK125 Applicability of Ijtihad. Instances of application > BPK125.2 Harmonisation of Shari’ah and law BPK Islamic law. Shari'ah. Fiqh > BPK36 Islamic law (General) K Law > K Law (General) K Law > K85 Legal research
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User:	Dr. MOHAMMED R. M. ELSHOBAKE
Date Deposited:	19 Dec 2024 10:31
Last Modified:	19 Dec 2024 10:31
URI:	http://irep.iium.edu.my/id/eprint/116805

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